Democrats have turned oil subsidies into a major issue as Congress looks at ways to tame high deficits and the national debt. They've been fueled in their efforts by soaring gas prices and extraordinary industry profits. And party leaders have vowed to include the tax breaks in any grand fiscal bargain tied to raising the debt limit.

But this effort was all about politics. Democrats want to highlight the GOP alignment with oil companies this election season and Tuesday's vote will help them do that. But if it had passed it would have run smack into a pretty big problem -- because, er, it was unconstitutional.

About The Author

Brian Beutler is TPM's senior congressional reporter. Since 2009, he's led coverage of health care reform, Wall Street reform, taxes, the GOP budget, the government shutdown fight and the debt limit fight. He can be reached at brian@talkingpointsmemo.com